Opinion

Martin v. Davison Transport, Inc.

  • 796 So. 2d 753
  • 2001 La. App. LEXIS 2043
  • 2001 WL 1142255
Court
Louisiana Court of Appeal
Filed
Sep 28, 2001
Status
Published
Author
Caraway
On the bench
Brown, Caraway, Peatross, Stewart, Williams
Cited by
2 cases
Authority
More cited than 0.8%

Reversed on other grounds by Martin v. Davison Transport, Inc., 2002 La. LEXIS 158 (2002)

The opinion

|, CARAWAY, J.,

concurring in part and dissenting in part.

I concur with the ruling of the majority concerning the award of penalties and attorney fees.

I respectfully dissent concerning the af-firmance of the provision of the WCJ’s judgment directing that the defendant “replace Shelia Robbins as the medical case manager in this case, and that the defendant appoint a new independent case manager, one which has not worked with the defendant before, and one without a prior relationship with Vicki Cary or anyone else associated with the insurance company herein....” No authority is cited by the majority which would allow such regulation of the case manager by the WCJ. See, Baird v. Policy Management Systems, Inc., 31,715 (La.App.2d Cir.3/31/99), 731 So.2d 461 . The Worker’s Compensation Act instead punishes the employer and the case manager’s failure to provide medical benefits and assistance through the imposition of penalties.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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